Sen. Meg Loughran Cappel

Filed: 3/3/2023

 

 


 

 


 
10300SB2146sam001LRB103 28651 SPS 57442 a

1
AMENDMENT TO SENATE BILL 2146

2    AMENDMENT NO. ______. Amend Senate Bill 2146 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.34 and 4.39 as follows:
 
6    (5 ILCS 80/4.34)
7    Sec. 4.34. Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on
9January 1, 2024:
10        The Crematory Regulation Act.
11        The Electrologist Licensing Act.
12        The Illinois Certified Shorthand Reporters Act of
13    1984.
14        The Illinois Occupational Therapy Practice Act.
15        The Illinois Public Accounting Act.
16        The Private Detective, Private Alarm, Private

 

 

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1    Security, Fingerprint Vendor, and Locksmith Act of 2004.
2        The Registered Surgical Assistant and Registered
3    Surgical Technologist Title Protection Act.
4        Section 2.5 of the Illinois Plumbing License Law.
5        The Veterinary Medicine and Surgery Practice Act of
6    2004.
7(Source: P.A. 102-291, eff. 8-6-21.)
 
8    (5 ILCS 80/4.39)
9    Sec. 4.39. Acts repealed on January 1, 2029 and December
1031, 2029.
11    (a) The following Acts are Act is repealed on January 1,
122029:
13        The Environmental Health Practitioner Licensing Act.
14        The Crematory Regulation Act.
15    (b) The following Act is repealed on December 31, 2029:
16        The Structural Pest Control Act.
17(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
18101-81, eff. 7-12-19.)
 
19    Section 10. The Crematory Regulation Act is amended by
20changing Sections 10, 20, 22, and 35 as follows:
 
21    (410 ILCS 18/10)
22    (Section scheduled to be repealed on January 1, 2024)
23    Sec. 10. Establishment of crematory and licensing of

 

 

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1crematory authority.
2    (a) Any person doing business in this State, or any
3cemetery, funeral establishment, corporation, partnership,
4joint venture, voluntary organization or any other entity, may
5erect, maintain, and operate a crematory in this State and
6provide the necessary appliances and facilities for the
7cremation of human remains in accordance with this Act.
8    (b) A crematory shall be subject to all local, State, and
9federal health and environmental protection requirements and
10shall obtain all necessary licenses and permits from the
11Department of Financial and Professional Regulation, the
12Department of Public Health, the federal Department of Health
13and Human Services, and the Illinois and federal Environmental
14Protection Agencies, or such other appropriate local, State,
15or federal agencies.
16    (c) A crematory may be constructed on or adjacent to any
17cemetery, on or adjacent to any funeral establishment, or at
18any other location consistent with local zoning regulations.
19    (d) An application for licensure as a crematory authority
20shall be in writing on forms furnished by the Comptroller.
21Applications shall be accompanied by a fee of $100 $50 and
22shall contain all of the following:
23        (1) The full name and address, both residence and
24    business, of the applicant if the applicant is an
25    individual; the full name and address of every member if
26    the applicant is a partnership; the full name and address

 

 

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1    of every member of the board of directors if the applicant
2    is an association; and the name and address of every
3    officer, director, and shareholder holding more than 25%
4    of the corporate stock if the applicant is a corporation.
5        (2) The address and location of the crematory.
6        (3) A description of the type of structure and
7    equipment to be used in the operation of the crematory,
8    including the operating permit number issued to the
9    cremation device by the Illinois Environmental Protection
10    Agency.
11        (4) Any further information that the Comptroller
12    reasonably may require.
13    (e) Each crematory authority shall file an annual report
14with the Comptroller, accompanied with a $25 fee plus a $5 fee
15for each cremation performed that calendar year, providing (i)
16an affidavit signed by the owner of the crematory authority
17that at the time of the report the cremation device was in
18proper operating condition, (ii) the total number of all
19cremations performed at the crematory during the past year,
20(iii) attestation by the licensee that all applicable permits
21and certifications are valid, (iv) either (A) any changes
22required in the information provided under subsection (d) or
23(B) an indication that no changes have occurred, and (v) any
24other information that the Comptroller may require. The annual
25report shall be filed by a crematory authority on or before
26March 15 of each calendar year. If the fiscal year of a

 

 

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1crematory authority is other than on a calendar year basis,
2then the crematory authority shall file the report required by
3this Section within 75 days after the end of its fiscal year.
4If a crematory authority fails to submit an annual report to
5the Comptroller within the time specified in this Section, the
6Comptroller shall impose upon the crematory authority a
7penalty of $5 for each and every day the crematory authority
8remains delinquent in submitting the annual report. The
9Comptroller may abate all or part of the $5 daily penalty for
10good cause shown. The $25 annual report fee shall be deposited
11in the Comptroller's Administrative Fund. The $5 fee for each
12cremation performed that calendar year shall be deposited into
13the Cemetery Consumer Protection Fund.
14    (f) All records required to be maintained under this Act,
15including but not limited to those relating to the license and
16annual report of the crematory authority required to be filed
17under this Section, shall be subject to inspection by the
18Comptroller upon reasonable notice.
19    (g) The Comptroller may inspect crematory records at the
20crematory authority's place of business to review the
21licensee's compliance with this Act. The Comptroller may
22charge a $100 fee for the inspection of the licensee. The
23inspection must include verification that:
24        (1) the crematory authority has complied with
25    record-keeping requirements of this Act;
26        (2) a crematory device operator's certification of

 

 

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1    training and the required continuing education
2    certification are is conspicuously displayed at the
3    crematory;
4        (3) the cremation device has a current operating
5    permit issued by the Illinois Environmental Protection
6    Agency and the permit is conspicuously displayed in the
7    crematory;
8        (4) the crematory authority is in compliance with
9    local zoning requirements;
10        (5) the crematory authority license issued by the
11    Comptroller is conspicuously displayed at the crematory;
12    and
13        (6) other details as determined by rule.
14    (h) The Comptroller shall issue licenses under this Act to
15the crematories that are registered with the Comptroller as of
16on March 1, 2012 without requiring the previously registered
17crematories to complete license applications.
18    (i) Every license issued under this Act shall be renewed
19every 5 years for a renewal fee of $100 to be sent to the
20Comptroller. The renewal fee shall be deposited into the
21Comptroller's Administrative Fund. The Comptroller, upon the
22request of an interested person, or on his or her own motion,
23may issue new licenses to a licensee whose license or licenses
24have been revoked, if no factor or condition exists that would
25have warranted the Comptroller to refuse the issuance of the
26license.

 

 

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1(Source: P.A. 97-679, eff. 2-6-12; 97-813, eff. 7-13-12;
298-463, eff. 8-16-13.)
 
3    (410 ILCS 18/22)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 22. Performance of cremation service; training. A
6person may not perform a cremation service in this State
7unless he or she has completed training in performing
8cremation services and received certification by a program
9recognized by the Comptroller. The crematory authority must
10conspicuously display the certification at the crematory
11authority's place of business. Any new employee shall have a
12reasonable time period, not to exceed one year, to attend a
13recognized training program. In the interim, the new employee
14may perform a cremation service if he or she has received
15training from another person who has received certification by
16a program recognized by the Comptroller and is under the
17supervision of the trained person. Each person performing a
18cremation service shall complete a continuing education
19cremation course at least 2 hours in length from a provider
20recognized by the Comptroller every 5 years. For purposes of
21this Act, the Comptroller may recognize any training program
22that provides training in the operation of a cremation device,
23in the maintenance of a clean facility, and in the proper
24handling of human remains. The Comptroller may recognize any
25course that is conducted by a death care trade association in

 

 

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1Illinois or the United States or by a manufacturer of a
2cremation unit that is consistent with the standards provided
3in this Act or as otherwise determined by rule.
4(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
 
5    (410 ILCS 18/35)
6    (Section scheduled to be repealed on January 1, 2024)
7    Sec. 35. Cremation procedures.
8    (a) Human remains shall not be cremated within 24 hours
9after the time of death, as indicated on the Medical
10Examiner's/Coroner's Certificate of Death. In any death, the
11human remains shall not be cremated by the crematory authority
12until a cremation permit has been received from the coroner or
13medical examiner of the county in which the death occurred and
14the crematory authority has received a cremation authorization
15form, executed by an authorizing agent, in accordance with the
16provisions of Section 15 of this Act. In no instance, however,
17shall the lapse of time between the death and the cremation be
18less than 24 hours, unless (i) it is known the deceased has an
19infectious or dangerous disease and that the time requirement
20is waived in writing by the medical examiner or coroner where
21the death occurred or (ii) because of a religious requirement.
22    (b) Except as set forth in subsection (a) of this Section,
23a crematory authority shall have the right to schedule the
24actual cremation to be performed at its own convenience, at
25any time after the human remains have been delivered to the

 

 

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1crematory authority, unless the crematory authority has
2received specific instructions to the contrary on the
3cremation authorization form.
4    (c) No crematory authority shall cremate human remains
5when it has actual knowledge that human remains contain a
6pacemaker or any other material or implant that may be
7potentially hazardous to the person performing the cremation.
8    (d) No crematory authority shall refuse to accept human
9remains for cremation because such human remains are not
10embalmed.
11    (e) Whenever a crematory authority is unable or
12unauthorized to cremate human remains immediately upon taking
13custody of the remains, the crematory authority shall place
14the human remains in a holding facility in accordance with the
15crematory authority's rules and regulations. The crematory
16authority must notify the authorizing agent of the reasons for
17delay in cremation if a properly authorized cremation is not
18performed within any time period expressly contemplated in the
19authorization.
20    (f) A crematory authority shall not accept a casket or
21alternative container from which there is any evidence of the
22leakage of body fluids.
23    (g) The casket or the alternative container shall be
24cremated with the human remains or destroyed, unless the
25crematory authority has notified the authorizing agent to the
26contrary on the cremation authorization form and obtained the

 

 

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1written consent of the authorizing agent.
2    (h) The simultaneous cremation of the human remains of
3more than one person within the same cremation chamber,
4without the prior written consent of the authorizing agent, is
5prohibited except for common cremation pursuant to Section
611.4 of the Hospital Licensing Act. Nothing in this
7subsection, however, shall prevent the simultaneous cremation
8within the same cremation chamber of body parts delivered to
9the crematory authority from multiple sources, or the use of
10cremation equipment that contains more than one cremation
11chamber.
12    (i) No unauthorized person shall be permitted in the
13holding facility or cremation room while any human remains are
14being held there awaiting cremation, being cremated, or being
15removed from the cremation chamber.
16    (j) A crematory authority shall not remove any dental
17gold, body parts, organs, or any item of value prior to or
18subsequent to a cremation without previously having received
19specific written authorization from the authorizing agent and
20written instructions for the delivery of these items to the
21authorizing agent. Under no circumstances shall a crematory
22authority profit from making or assisting in any removal of
23valuables.
24    (k) Upon the completion of each cremation, and insofar as
25is practicable, all of the recoverable residue of the
26cremation process shall be removed from the cremation chamber.

 

 

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1    (l) If all of the recovered cremated remains will not fit
2within the receptacle that has been selected, the remainder of
3the cremated remains shall be returned to the authorizing
4agent or the agent's designee in a separate container. The
5crematory authority shall not return to an authorizing agent
6or the agent's designee more or less cremated remains than
7were removed from the cremation chamber.
8    (m) A crematory authority shall not knowingly represent to
9an authorizing agent or the agent's designee that a temporary
10container or urn contains the cremated remains of a specific
11decedent when it does not.
12    (n) Cremated remains shall be shipped only by a method
13that has an internal tracing system available and that
14provides a receipt signed, in either paper or electronic
15format, by the person accepting delivery.
16    (o) A crematory authority shall maintain an identification
17system that shall ensure that it shall be able to identify the
18human remains in its possession throughout all phases of the
19cremation process.
20    (p) A crematory authority that is unable to cremate
21unembalmed human remains within 24 hours of taking custody of
22the human remains must provide or maintain an operable
23refrigeration unit with cleanable, noncorrosive interior and
24exterior finishes. The unit must be capable of maintaining a
25temperature of less than 40 degrees Fahrenheit and of holding
26at least 3 bodies.

 

 

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1(Source: P.A. 102-824, eff. 1-1-23.)
 
2    Section 15. The Illinois Pre-Need Cemetery Sales Act is
3amended by changing Section 22 as follows:
 
4    (815 ILCS 390/22)  (from Ch. 21, par. 222)
5    Sec. 22. Cemetery Consumer Protection Fund.
6    (a) Every seller engaging in pre-need sales shall pay to
7the Comptroller $5 for each said contract entered into, to be
8paid into a special income earning fund hereby created in the
9State Treasury, known as the Cemetery Consumer Protection
10Fund. The above said fees shall be remitted to the Comptroller
11semi-annually within 30 days after the end of June and
12December for all contracts that have been entered in such 6
13month period.
14    (b) All monies paid into the fund together with all
15accumulated undistributed income thereon shall be held as a
16special fund in the State Treasury. The fund shall be used
17solely for the purpose of providing restitution to consumers
18who have suffered pecuniary loss arising out of pre-need
19sales, to help pay expenses of cemeteries or mausoleums in
20court-ordered receivership, or to satisfy Receiver's fees, or
21to administer the Comptroller's program for the purpose of
22cleaning up abandoned or neglected cemeteries located in
23Illinois.
24    (c) Restitution or reimbursement for pre-need merchandise

 

 

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1or services shall not exceed the reasonable average regional
2cost of the contracted merchandise at current prices.
3    (d) Whenever restitution is paid by the fund, the fund
4shall be subrogated to the amount of such restitution, and the
5Comptroller shall request the Attorney General to engage in
6all reasonable post judgment collection steps to collect said
7restitution from the judgment debtor and reimburse the fund.
8    (e) (Blank).
9    (f) The fund may not be allocated for any purpose other
10than that specified in this Act.
11    (g) Notwithstanding any other provision of this Section,
12the payment of restitution from the fund shall be a matter of
13grace and not of right and no purchaser shall have any vested
14rights in the fund as a beneficiary or otherwise. Prior to
15seeking restitution from the fund, a purchaser or beneficiary
16seeking payment of restitution shall apply for restitution on
17a form provided by the Comptroller. The form shall include any
18information the Comptroller may reasonably require in order
19for the Comptroller to determine that restitution or
20reimbursement for cemetery merchandise or services is
21appropriate.
22    (h) Annually, the status of the fund shall be reviewed by
23the Comptroller, and if she or he determines that the fund
24together with all accumulated income earned thereon, equals or
25exceeds $10,000,000 and that the total number of outstanding
26claims filed against the fund is less than 10% of the fund's

 

 

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1current balance, then payments to the fund pursuant to
2subsection (a) of this Section shall be suspended until such
3time as the fund's balance drops below $10,000,000 or the
4total number of outstanding claims filed against the fund is
5more than 10% of the fund's current balance, but on such
6suspension, the fund shall not be considered inactive.
7(Source: P.A. 101-34, eff. 6-28-19.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".